Bouchette v. Spatola

2. In October of 2000, Bouchette, a general contractor doing business as Hometown Builders, bid on and was awarded a contract to repair hail damage to Spatola's roof and to replace the siding on her home. The roof repair was to be paid by Spatola's insurance company and the siding replacement was to be paid by a block grant from the Juneau County Housing Authority. The contract from the Housing Authority, attached to which was a copy of Hometown Builders' proposal and quote, provided that "[a]ll materials are guaranteed to be as specified in the bid specifications. Any alteration or deviation from the attached specifications will be executed only upon written consent of the property owner, contractor and the [Community Development Block Grant] Office."

3. Bouchette replaced the roof on Spatola's home at a cost of $3,365, which cost was paid by Spatola's insurance company. Bouchette also replaced the siding at a cost of $8,690, which cost was paid for by the Housing Authority block grant. Subsequently, Bouchette filed a small claims complaint against Spatola, seeking $4,107.36, for "add ons" not covered by the insurance company or the Housing Authority. Those items included: (1) $225 to remove and replace rotted boards; (2) $280 to remove caulk from the storm windows; (3) $1,965 to close in the front porch to create a three-season room; and (4) $1,637.36 to replace storm windows with vinyl windows.

4. At trial, Bouchette testified that in the process of replacing the siding on Spatola's home, he encountered several problems. The first was rotted boards under the siding that needed to be replaced at a cost of $225. Bouchette testified that when he bid on the project, the wood rot was not evident because it was under the siding, and thus, replacement of the boards was not part of his original estimate. Bouchette also testified that when he informed Spatola of the wood rot, Spatola told Bouchette to replace the boards and that, rather than wait to file a change order with the Housing Authority, she would pay for the cost of the new boards.

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¶20. Therefore, we affirm the circuit court's judgment in favor of Bouchette in the amount of $2,330.67, representing $1,965 to purchase and install the aluminum windows and door, $204.67 for materials required to install the vinyl windows, and $161 for fees and costs.

By the Court. Judgment affirmed.

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